Understanding employee rights in Turkey is crucial for both employers and employees to ensure fair labor practices and legal compliance. The Turkish labor market is governed by strict regulations that protect workers’ rights in terms of wages, working conditions, job security, and social benefits. This article provides an in-depth guide to employee rights in Turkey, covering key aspects such as employment contracts, working hours, leave entitlements, and termination rights.
1. Legal Framework for Employee Rights in Turkey
The primary laws governing employee rights in Turkey include:
- Turkish Labor Law (No. 4857) – Regulates employment relationships, working hours, and termination conditions.
- Social Security and General Health Insurance Law (No. 5510) – Covers social security rights.
- Occupational Health and Safety Law (No. 6331) – Ensures workplace safety.
- Trade Union and Collective Bargaining Agreement Law (No. 6356) – Protects workers’ rights to unionize and bargain collectively.
Employers must comply with these laws to avoid penalties and provide a fair work environment.
2. Employment Contracts and Conditions
a) Types of Employment Contracts
- Indefinite-term contracts: Commonly used for permanent employees.
- Fixed-term contracts: Used for temporary or project-based jobs.
- Part-time contracts: Employees work fewer hours than full-time workers but have equal rights.
- Probationary contracts: Limited to two months (extendable to four months with a collective agreement).
b) Essential Contractual Terms
All employment contracts must include:
- Job description and duties
- Working hours and location
- Salary and benefits
- Notice period for termination
- Rights and obligations of both parties
3. Working Hours and Overtime Regulations
a) Standard Working Hours
- The maximum working hours in Turkey is 45 hours per week, typically spread over six days.
- Employees should not work more than 11 hours per day.
b) Overtime Pay
- Overtime is paid at 150% of the regular hourly wage.
- Employees can opt for compensatory rest instead of overtime pay.
- Overtime cannot exceed 270 hours per year.
4. Wages and Minimum Salary
- The minimum wage in Turkey is set by the government and revised annually.
- As of 2024, the gross minimum wage is 17,002.12 TRY per month.
- Salaries must be paid in Turkish Lira (TRY) and transferred to an employee’s bank account.
- Bonuses and additional benefits are at the employer’s discretion unless stated in the contract.
5. Leave Entitlements
a) Paid Annual Leave
Employees are entitled to paid leave based on their years of service:
- 1-5 years of service: 14 days
- 5-15 years of service: 20 days
- More than 15 years of service: 26 days
Public holidays and weekends do not count towards annual leave.
b) Maternity and Paternity Leave
- Maternity leave: 16 weeks (8 weeks before and 8 weeks after birth), fully paid.
- Paternity leave: 5 days for fathers.
- Parental leave: Unpaid leave up to 6 months after maternity leave.
c) Sick Leave
- Employees are entitled to paid sick leave with a doctor’s report.
- Social security covers temporary disability payments.
d) Public Holidays
Turkey observes official public holidays, during which employees must be given paid leave, including Republic Day, National Sovereignty Day, and religious holidays.
6. Workplace Safety and Health Regulations
Employers must comply with the Occupational Health and Safety Law (No. 6331) by:
- Providing a safe work environment
- Conducting regular safety training
- Supplying protective equipment
- Reporting workplace accidents to authorities
Non-compliance leads to severe penalties and legal actions.
7. Employee Rights Against Discrimination
Discrimination based on gender, age, race, religion, disability, or political views is illegal under Turkish labor law. Employees have the right to:
- Equal pay for equal work
- Protection against workplace harassment
- Legal action in case of discrimination
8. Trade Unions and Collective Bargaining
Employees in Turkey have the right to:
- Join trade unions without employer interference
- Collective bargaining to negotiate wages and conditions
- Go on strike under specific legal conditions
Employers cannot retaliate against workers for union activities.
9. Termination and Severance Pay
a) Notice Periods for Termination
- 0-6 months: 2 weeks’ notice
- 6-18 months: 4 weeks’ notice
- 18-36 months: 6 weeks’ notice
- More than 3 years: 8 weeks’ notice
b) Severance Pay
Employees who have worked for at least one year are entitled to one month’s gross salary for each year of service.
c) Unlawful Termination Protection
If an employee is dismissed without just cause, they can file for reinstatement or compensation.
10. Social Security and Pension Rights
Employees in Turkey are covered by the Social Security Institution (SGK), which provides:
- Health insurance
- Retirement pensions
- Disability benefits
- Unemployment benefits
Employers must contribute 22.5% of the employee’s gross salary to social security.
Conclusion
Understanding employee rights in Turkey is essential for both workers and employers. The Turkish labor system provides comprehensive protection, ensuring fair wages, reasonable working conditions, job security, and social benefits. Compliance with these laws fosters a balanced and ethical work environment. Businesses must stay updated with labor law changes to ensure compliance, avoid legal disputes, and maintain a positive workplace culture.